United States of America v. Caey Frye and Z.P.

Tulsa, Oklahoma, criminal defense lawyer Stephen Lee represented the Defendant charged with second degree burglary. and larceny of an automobile.


21 O.S. 1435, which provides:

Burglary in Second Degree and Third Degree - Acts Constituting
Cite as: 21 O.S. § 1435 (OSCN 2026)

A. Every person who breaks and enters the dwelling house of another, in which there is at the time no human being present, or any commercial building or any part of any building, room, booth, tent, railroad car or other structure or erection in which any property is kept or breaks into or forcibly opens, any coin-operated or vending machine or device with intent to steal any property therein or to commit any felony, is guilty of burglary in the second degree, a Class C1 felony offense, punishable by imprisonment as provided for in subsections B through E of Section 20L of this title.

B. Every person who breaks and enters, climbs under, or uses any jack stands or any other item to raise any automobile, truck, trailer or vessel of another, in which any property is kept, with intent to:

1. Steal any property therein;

2. Steal any property attached thereto; or

3. Commit any felony,

is guilty of burglary in the third degree, a Class D1 felony offense, punishable by imprisonment as provided for in subsections B through F of Section 20N of this title.

C. As used in subsection B of this section, the term "property attached thereto" includes, but is not limited to, tires, wheels, and catalytic converters.


21 O.S. 1720, - Theft of Aircraft, Automobile, Automotive Driven Vehicle, or Construction or Farm Equipment, which provides:

- Theft of Aircraft, Automobile, Automotive Driven Vehicle, or Construction or Farm Equipment


Any person in this state who shall steal an aircraft, automobile or other automotive driven vehicle, construction equipment or farm equipment shall be guilty of a Class D1 felony offense and, upon conviction, shall be punished by imprisonment as provided for in subsections B through F of Section 20N of this title if the value of the vehicle is less than Fifty Thousand Dollars ($50,000.00), or shall be guilty of a Class C2 felony offense and shall be punished by imprisonment as provided for in subsections B through F of Section 20M of this title if the value of the vehicle is Fifty Thousand Dollars ($50,000.00) or greater, or by a fine in an amount that is equal to three times the value of the property that was stolen but not more than Five Hundred Thousand Dollars ($500,000.00), or by both such fine and imprisonment. In addition, the person shall be ordered to pay restitution pursuant to Section 991f of Title 22 of the Oklahoma Statutes.

JUDGE KEVIN KELLER: DEFENDANT PRESENT, NOT IN CUSTODY, AND REPRESENTED BY STEPHEN LEE. STATE REPRESENTED BY LINDSEY ATCHLEY. COURT REPORTER WAIVED. DEFENDANT SUCCESSFULLY COMPLETES ALL REQUIREMENTS OF MENTAL HEALTH COURT. CASE CALLED FOR SENTENCING. ALL COUNTS ARE DISMISSED COST TO THE STATE AND ORDERED EXPUNGED. BOND EXONERATED.